International law
By bkalafut
@bkalafut (49)
United States
January 21, 2007 4:15pm CST
When international law, such as treaty obligations, conflicts with domestic law (such as guarantees of rights to the people), which should take precedence?
1 response
@lyubomir (6)
• Netherlands
1 Nov 10
In general International Law has a priority over national (domestic) law, however there are certain rules which are elevated to peremptory norms of international law such as certain human rights, which are of status even higher than the traditional sources of law (treaties for example). Since the example you are giving is related to certain domestic human rights I am reluctant to definitively give and answer to your question, however feel free to provide more details as often situations are judged on case by case basis and then I am confident that I would be able to give you a certain answer.
Cheers